The Relevance of International Law in the Contemporary Global Community
Keywords:
International Law, International Peace and Security, Legal Rule, Sovereign Equality, Global Community, States/Nation-statesAbstract
Abstract
An overview of the opinions of legal scholars and jurists over the years on the status of
international law points to the fact that there is a divergence of opinions as to whether or not
international law can be properly regarded as law or a mere moral rule. This divergence emanated
from the dichotomy on the understanding of law between the positivists and the naturalists. While
some argue that international law is not and should not be regarded as law properly so-called,
others argue that such opinion is rather misconceived as it is based on a narrow understanding of
the meaning of law as a command of a sovereign, with the direct implication that customary law is
no more part of the legal corpus. The immediate effect of this assertion is that there could be no
binding legal rule in the international arena. If this assertion is to be accepted, its legal consequence
will be very devastating and disastrous in the present global order. The aim of this research is to
ascertain the veracity or otherwise of this assertion. The methodology employed in the research is
doctrinal using primary and secondary resources available to us. It is our finding that, although to
all intents and purposes the rules of international law are binding legal rules, the challenge of
having an effective enforcement mechanism to ensure compliance with those rules remains as
pertinent today as it was many years ago despite the efforts so far made and being made by the
United Nations in this regard. It is our recommendation that if the global community hopes to
sustain progression and civilization and not chaos in the global plane, it must devise a better means
of ensuring that the rules of international law are complied with in order to realize the main purpose
of its formulation- the maintenance of international peace and security.
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